Re Kam Wing Travel Group Ltd

CACV 63/2010 AND CACV 64/2010

CACV 63/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 63 OF 2010

(ON APPEAL FROM HCAL NO. 51 OF 2009)

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AND

CACV 64/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 64 OF 2010

(ON APPEAL FROM HCAL NO. 113 OF 2008)

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BETWEEN

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Before: Hon Rogers VP and Le Pichon JA in Court

Date of Hearing: 12 October 2010

Date of Judgment: 12 October 2010

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J U D G M E N T

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Hon Rogers VP:

1.Well, this is an appeal against a refusal of an application for leave to bring judicial review proceedings. The application for judicial review was in respect of decisions of the Commissioner dated 8 June 2007 in respect of two appeals, one dated 17 March.

2.The difficulty arises in this respect.  The decision of the Commissioner is subject to review by the Transport Tribunal. That, in itself, would normally be a bar to bringing judicial review proceedings against a decision which is open to review.  But it seems that really the application is based on applying to review a decision of the Transport Tribunal which is a very different matter and the questions which would arise on that would be very different.

3.Now, it is very clear that in the judgment below that the judge was dealing with an application to review the decision of the Commissioner and that is how he dealt with it.  In my view the only course open to the applicants would be to make a fresh application and, this time, directed to applying to review the decision of the Transport Tribunal.  There will be difficulties because of time delay but it is not for this court, on this occasion, to comment on that but that seems to me to be the only possible course now open to the applicant. 

4.I would therefore dismiss these two appeals.

Hon Le Pichon JA:

5.I agree.

Mr Johnny Mok SC and Mr Edward Fan, instructed by Messrs Cham & Co., for the Applicant/Appellant